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10-01-57 City Council MinutesREGULAR MEETING of the VILLAGE COUNCIL -200 - October 1, 1957 Pursuant to due call and notice thereof a regular meeting of the Village Council of the Village of Golden Valley, Hennepin County, Minnesota, was held at 8030 Olson Memorial Highway in said Village on October 1, 1957, at 7:30 o'clock P. M. The following members were presents Bies, Flannagan, Nadasdy, and Teresi; and the following was absent: None, Member Stark arrived at 8t00 o'clock P.M. Present were Village Clerk and Administrator Royce W. Owens, Village Eng- ineer Donald Sorensen, Village Attorney Stanley Kane, Village Treasurer C. W. Bryan, Special Assessment Clerk Robert Burns, Finance Officer John Murphy, Village Sewer Inspector Donald Spaulding, President of the Plann- ing Commission Goerege Pennock. Also present were Connie Dawson, Secretary, and Betty Hoisve, Secretary. The Mayor called the meeting to order at 7:50 o'clock P. M. Res Minutes: MOVED by Bies seconded by Teresi carried to amend the minutes of the meet- ing of September 17, 1957, under the heading "Appointment of Village Trustee" by adding the following thereto: "Member Rahn abstained." MOVED by Bies seconded by Teresi carried to approve the minutes of the meeting of September 17, 1957, as amended. Ret Letter from Mrs. June Brandt: The Mayor read a letter from the Administrator to the Council dated September 28, 1957, and his answer thereto dated October 1, 1957. Said letters were ordered placed on file. Mayor Nadasdy announced that because of illness, Mrs. June Brandt requested that her appearance be deferred. MOVED by Teresi seconded by Flannagan carried to table the matter. Public Hearings, Levyj!j of Special Assessments: The Clerk and Administrator presented an affidavit of publication of notice in the official Village newspaper of public hearing on the proposed assess- ment for Trunk Sewer Improvement No. 3; Lateral Sewer Improvements Nos. 3(a) and 3(b); Dust Abatement Improvement for Winsdale Street, Hope Chest Addition, Olympia Street, Phoenix Avenue, Jersey Avenue, Edgewood Avenue, and Harold Avenue; and Storm and Surface Water Drainage Improvement for South Tyrol Hills, in the Suburban Press on September 12, 1957, and September 19, 1957, in accordance with the resolution adopted September 4, 1957, which affidavit was examined, found satisfactory, and ordered placed on file. -201- Regular Meeting of the Village Council, October 1, 1957 The Administrator announced that the funds and the amounts to be con- sidered at this hearing were as followss 1 i 1 1 1 pH -j �Z" N W H 0\ 011 \O F-' \O co N OD .p �O m VZ Vl N V1 -J OD l� -J W ON CD N 00 N \O N O 0130,D, i7 O, -.7(TOO NOW N � -~tel O N VZ ,7 N N ~ N (D Wm Wc�+ Cf) O g ° N O ,0 V O ti O vi O\ cF CD CO ed C+5: t* ON A3 ON CnVJ'CO V1 (D 094 �(D F1 ;0F-3 III 5: � Go W (D :30\ C+ -J cam+' rn ^� O'n� F-' co co En ci- F� CD • m �J H N vz vt W NCD V V C+ C+ fv 23 V x t2j C-, Fd 0 x� 1 CD CD CD m \.n M Oq CD O ~'d p� VZ pi W N Oa k W � O 1F¢ FF¢-�S+ � N � N � � 1 -ii' Vi � - --j VO1 �H� OD � c^ 1 ca ¢ O 0 '`S (D W t� (n F-' O c+ O -' m N t~N ti N Q F~-' S F' 1 [n �✓ F-' v N U v pH -j �Z" N W H 0\ 011 \O F-' \O co N OD .p �O m VZ Vl N V1 -J OD l� -J W ON CD N 00 N \O N O 0130,D, i7 O, -.7(TOO NOW N � -~tel O Cl) V't N VZ ,7 N N ~ N F-' V1 .7 0--j N W \,a W g ° N O -.10% V O N �O O vi O\ Fj V1 V1 t* ON A3 ON CnVJ'CO V1 O VC1 Q a O -J Go W v CA O C+ -J cam+' ^� O'n� F-' —0 N co En N (a F� CD c+ (D Cl) V't I ON WI o V V �1tV 0 V V - ~ N F-' V1 .7 0--j NP N W O W g ° 1+ 1+ V CN V O vi O\ Fj Fb . • tAl CnVJ'CO V1 W Q a O -J Go W v CA V1 C+ Cl) V't Cn En I -J• C+ V N N r� \-R F' VZ VF O N V V V V 4 tAl V1 W Q I=- =" -J Go W 1;1) W V1 V L 91 N co m � F� O N N vz vt O rn V V 4 V V V V ON VI W W N 00 00 W W N O co m � - --j VO1 07 OD � N Cl) V't 0 H O trJ s2 y H Im H H N O O N rn wr W co cnn N N 011 -.1 O O t N V N N -F- OD r- txj o 1 N O N I cF' (D M O Ft CD K CD CD c+ r O Fy O CD C*) N N :n OQ Cn CD in til C) Cn O d O H N Z V � 00 ul C+ 0' (D F3 F✓ N -J Cn En I -J• C+ V tAl ZD 0O Q O 91 N O N N V1 4 V1 4 O 4 N V V ON V1 W O N 07 W W N W co m � - --j VO1 0 H O trJ s2 y H Im H H N O O N rn wr W co cnn N N 011 -.1 O O t N V N N -F- OD r- txj o 1 N O N I cF' (D M O Ft CD K CD CD c+ r O Fy O CD C*) N N :n OQ Cn CD in til C) Cn O d O H N Z V � 00 ul C+ 0' (D F3 F✓ N -J -203- Minutes of the Regular Meeting of Village Council, October 1, 1957 The Mayor announced that this was the time and place for the public hearings above referred to, and stated. that all persons present who desired to do so would be afforded an opportunity to express their views thereon, and that all written objection heretofore filed would be considered. Public Hearing, Sanitary Sewer Trunk Improvement No. 3 - Northwest Trunk: OBJECTOR OBJECTION Mr. John F. Palmer Objected to lateral assessment on both 1310 Florida Avenue sides of trunk line. Claimed no service on pipe for lot 279 and service only on north side of pipe for lots 277 and 278. Public Hearing, Lateral Sewer Improvement No. 3(a) -(St. Croix -Honeywell): OBJECTOR OBJECTION None None Public Hearing, Lateral Sewer LMrovem.ent No. 3(b)_- (Western Avenue): OBJECTOR None OBJECTION None Public Hearin Dust Abatement Typrovement for Winsdale Street Hope Chest Addition, 2IM is Street, Phoenix Avenue, Jersey Avenue, Edgewood Avenue, and Harold Avenue: OBJECTOR None OBJECTION None Public Hearing, Storm and Surface Water Drainage Improvement for South ZU01 Hills: OBJECTOR None OBJECTION None There being no further objections, the Mayor closed the public hearing. After .discussion and consideration of;the various objections presented, Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION AMENDING ASSESSMENTS FOR TRUNK SEWER IMPROVEMENT NO. 3; LATERAL SEWER IMPROVEMENTS NOS. 3(a) and 3(b); DUST ABATEMENT IMPROVEMENT FOR WINSDALE STREET, HOPE CHEST ADDITION, OLYMPIA STREET, PHOENIX AVENUE, JERSEY AVENUE, EDGEWOOD AVENUE, AND HAROLD AVENUE: AND STORM AND SURFACE WATER DRAINAGE IMPROVEMENT FOR SOUTH TYROL HILLS" 1 H 1 Regular Meeting of the Village Council, October 1, 1957 -2o4- The motion for the adoption of the foregoing resolution was duly seconded by Member Bies and upon vote being taken thereon, the following members voted in favor thereof: Bies, Nadasdy, Flannagan, Stark, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by theMa or and his signature attested by the Clerk. See Resolutions Book page Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR TRUNK SEWER IMPROVEMENT NO. 3; LATERAL SEWER IMPROVEMENT NOS. 3(a) and 3(b); DUST ABATEMENT IMPROVE- MENT FOR WINSDALE STREET, HOPE CHEST ADDITION, OLYMPIA STREET, PHOENIX AVE- NUE, JERSEY AVENUE, EDGEnIOOD AVENUE, AND HAROLD AVENUE: AND STORM AND SUR- FACE WATER DRAINAGE IMPROVEMENT FOR SOUTH TYROL HILLS" The motion for the adoption of the foregoing resolution was duly seconded by Member Bies and upon vote being taken thereon, the following members voted in favor thereof: Bies, Flannagan, Nadasdy, Stark, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Ma or, and his signature attested by the Clerk. See Resolutions Book Page • Bids: Douglas Drive -St. Croix -Honeywell Storm Sewer (Fund 21C): The Village Clerk and Administrator presented an affidavit of publication of notice of call for bids in the official Village newspaper for the Douglas Drive -St. Croix -Honeywell Storm Sewer Improvement (Fund 21C). Said affidavit was examined, approved, and ordered placed on file. The Mayor announced that this was the time and place for the opening and con- sideration of sealed bids submitted in accordance with the above referenced notice of advertisement for bids. The Village Engineer stated that the estimated cost for said improvement was $3,000. The Village Clerk and Administrator presented seven sealed bids presented in the course of said notice, as follows: Phelps -Drake Company, Inc. Sandstrom and Hafner Northern Contracting Company, Inc. Sanskar, Carl D. & Deloris M. Lametti & Sons, Inc. Art Bolier Construction Company Barbarossa - Nodland Company AMOUNT OF BID $26,889.50 $28,36o.00 $28.763.30 $29,364-00 $31,299.93 $33,333.00 $40,740-00 -205- Regular Meeting of the Village Council, October 1, 1957 MOVED by Teresi seconded by Bies carried to refer the bids to the Village Engineer for study, tabulation and recommendation at this meeting. C ._. Bids: Fence, Golden- -V I Road and Noble Avenue: The Village Clerk and Administrator presented an affidavit of publication of notice of call for bids in the official Village newspaper for the fence to be erected on Noble Avenue per specifications. Said affidavit was examined, approved, and ordered placed on file. The Mayor announced that this was the time and place for the opening and consideration of sealed bids submitted in accordance with the above refer- enced notice of advertisement for bids. The Village Clerk and Administrator announced that only one sealed bid had been presented in the course of said notice, as follows.- BIDDER ollows: BIDDER AMOUNT OF BID Hlady Construction Company $3,009.44 The Village Attorney stated that the council could accept the bid on the grounds that bidding in this case was not required by state law. MOVED by Teresi seconded by Bies carried to accept the bid of the Hlady Construction Company, in the amount of $3,009.14. Request for Public Hearing, Rezoning, Mr. Irving Brown: Mr. Irving Brown requested a public hearing on the rezoning of a piece of land from Open Development to Commercial. See Planning Commission minutes of September 12, 1957. MOVED by Bies seconded by Stark carried to instruct that notice of public hearing be inserted in the official Village newspaper on the above refer- enced rezoning, said public hearing to be held on November 5, 1957. Request for Commercial Building Permit: Mr. R. L. Halseth requested a commercial building permit for the construction of a grocery store at 2590 Mendelssohn Avenue (County Road #18). MOVED by Bies seconded by Stark carried to defer the above referenced matter to the Village Engineer for report at the meeting of October 15, 1957• Request for Commercial Building Permit, Midland Weldinaand Manufacturing Company,6010 Wayzata Boulevard: MOVED by Bies seconded by Stark carried to instruct the Building Inspector to issue a building permit for the commercial building of the Midland Weld- ing and Manufacturing Company, new location 6010 Wayzata Boulevard, per plans and specificiations on file and subject to the approval of the plans by the International Conference of Building Officials. J 1 Regular Meeting of the Village Council, October 1, 1957 -206- Change Orders No. 1 and 2. J. W. Craig Company: The Administrator presented Change Order No. 2 (to construct road mix bit- uminous surfacing as per contract and specifications on Scott Avenue between Toledo Avenue and Westbend Road at a total addition to the contract of $1,260.00) and Change Order No. 1 (to delete from contract Road mix bitum- inous surfacing on Toledo Avenue from the south line of Greenview Lane to Minnaqua Avenue in the sum of $2,100.00), J. W. Craig Company. MOVED by Bies seconded by Flannagan carried to approve Change Orders num- bered 1 and 2, J. W. Craig Company, and to authorize the proper Village officials to execute same. - Mr. Joseph Leverone, Lot Block 4. Westurban Addition MOVED by Flannagan seconded by Stark to grant the hardship waiver to Mr. Joseph Leverone. See Planning Commission minutes of September 12, 1957. Upon roll call vote being taken thereon, each member -of the Council was recorded as voting as follows: Bies NO Flannagan YES Nadasdy YES Stark YES Teresi YES Whereupon the Mayor declared the motion carried. Waiver - Mr. Milton C. Bernu, Lot 8 Block 2, Golden Oaks Fourth 131 Patsv Lane: MOVED by Teresi seconded by Flannagan carried to deny the hardship waiver of Mr. Milton Bernu, on the grounds that no hardship exists. See Planning Commission minutes of September 12, 1957. Application for Billboard Permit, Dundee Landscaping: MOVED by Bies seconded by Stark carried to instruct that a billboard permit be issued to the Dundee Landscaping Company per plans and specifications on file in the office of the Village Clerk. Re lap cement of Trees, George R. Burda 105 Westwood Drive South: MOVED by Teresi seconded by Bies carried to pay Mr. George R. Burda, 105 Westwood Drive South, the sum of $1,796.00 for damages to his property during the course of sanitary sewer construction, said payment having been recommended by the Village Attorney. -207- Regular Meeting of the Village Council, October 1, 1957 Rea Letter from Citizen's League of Golden Valles A letter from the Citizen's League of Golden Valley dated September 9, 1957, was ordered placed on file. The Mayor commented upon said letter at length. Rea Special Assessments of Mr. and Mrs. Maller, 6610 Glenwood Avenue: MOVED by Flannagan seconded by Bies carried to refer the matter to the Village Engineer for study and recommendation at the meeting of October 15, 1957. Re: Renewal of Village Insurance: MOVED by Stark seconded by Bies carried to continue the Village's workman's compensation and general liability insurance policies with the present agent, Mr. Winslow Moes, for 1958. Contract for Addition to Village Garage: MOVED by Stark seconded by Bies carried to approve the contract with Lang and Raugland for architectural services for an addition to the Village garage with the following change: that the first five words of paragraph eight of said contract be eliminated and that an estimate be supplied prior to or with preliminary studies so that, reading the second sub -para- graph of paragraph three and paragraph four together, liability would be limited to 20% until and unless working plans are begun; and further, to authorize the proper Village officials to execute the contract with the above changes. Advisory Library Board.- The oard: The Administrator read a letter from the Golden Valley Friends of the Library, dated October 1, 1957, which was ordered placed on file. Said letter contained the recommendation that a branch of the Hennepin County Library be housed in the Winnetka Avenue Shopping Center, said building being owned by Mr. L. E. Svitak. MOVED by Teresi seconded by Stark carried to accept the recommendation of the Golden Valley Friends of the Library as set forth in the aforementioned letter. Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION CREATING ADVISORY LIBRARY BOARD FOR THE VILLAGE OF GOLDEN VALLEY" The motion for the adoption of the foregoing resolution was duly seconded by Member Stark and upon vote being taken thereon, the following members voted. in favor thereof: Bies, Flannagan, Nadasdy, Stark, and Teresi; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Clerk. See Resolutions Book page� �. Regular Meeting of the Village Council, October 1, 1957 -208- Resolution Re: SanitarySewerService to New Hope (Terra Linda Addition): The matter was referred to the Village Engineer and the Village Sanitary Sewer Superintendent for study and report at the meeting of October 15, 1957• Resolution Ordering Condemnation -Certain Street Easements: Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONDEMNATION" (Streets: Unity Avenue, John S. Olson Tract) The motion for the adoption of the foregoing resolution was duly seconded by Member Bies and upon vote being taken thereon, the following voted in favor thereof: Bies, Flannagan, Nadasdy, Stark, and Teresi; and the following voted against the same: None; whereupon the Mayor declared the motion duly passed and adopted, signed by the Mayor, and his signature attested by the Clerk. See Resolutions Book Page. Resolution Ordering Condemnation: Certain Sanitary Sewer Easements: Member Teresi introduced the following resolution and MOVED its adoption: "RESOLUTION ORDERING CONDEMNATION" (Various Sanitary Sewer Easements: Wilson, Olson, Adams, etc. Laterals 4(a), (b), (c) ) The motion for the adoption of the foregoing resolution was duly seconded by Member Bies and upon vote being taken thereon, the following voted in favor thereof: Bies, Flannagan, Nadasdy, Stark, and Teresi; and the following voted against the same: None; whereupon the Mayor declared the motion duly passed and adopted, signed by the Ma or, and his signature attested by the Clerk. See Resolutions Book page /� • Easement No. 701,Mr. Earl Fay: MOVED by Teresi seconded by Bies carried that the Village agree to accept street easement no. 701 from Mr. Earl Fay and in consideration of granting said easement, the Village agrees to specially assess tracts of land owned by Mr. Fay for front footage only on Unity Avenue, and not in the turnaround insofar as street construction is concerned, and that any remainder be spread pro rata among other benefitting property. Resolution Changing Polling Place, Election District No. 6: Member Bies introduced the following resolution and MOVED its adoption "RESOLUTION CHANGING LOCATION OF POLLING PLACE FOR ELECTION DISTRCIT NO. 6" -209- Regular Meeting of the Village Council, October 11 1957 The motion for the adoption of the foregoing resolution was duly seconded by Member Stark and upon vote being taken thereon, the following voted in favor thereof: Bies, Flannagan, Nadasdy, Stark, and Teresi; and the following voted against the same: None; whereupon the Mayor declared the motion duly passed and adopted, signed by the Mayor, and his signature attested by the Clerk. See Resolutions Book page -944L. Re: Amendment to Sewer Ordinance: MOVED by Stark seconded by Bies carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE REGULATING THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE SEWAGE DIS- POSAL, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM, AND PRO- VIDING PENALTIES FOR VIOLATIONS THEREOF, IN THE VILLAGE OF GOLDEN VALLEY, COUNTY OF HENNEPIN, STATE OF MINNESOTAT"t MOVED by Stark seconded by Bies carried to approve the above ordinance herein quoted by title on its second reading and to ratify publication thereof on April 18, 1957. See Ordinance Book page2Z 9.f. Re: Ordinance Limiting Number of Rezoning Requests: MOVED by Bies seconded by Stark carried to table a proposed ordinance limiting the number of rezoning requests, and to instruct the attorney to present another draft of said ordinance. Ordinance Abolishing the Office of Village Constable: MOVED by Bies seconded by Flannagan carried to give a first reading to an ordinance entitled: 'tAN ORDINANCE PROVIDING FOR THE ABOLITION OF THE OFFICE OF VILLAGE CONSTABLE AND FOR THE PERFORMANCE OF POWERS AND DUTIES OF THE CONSTABLE BY CERTAIN VILLAGE POLICE OFFICERS" MOVED by Teresi seconded by Stark carried to approve the ordinance herein quoted by title on its first reading. Second Reading, Ordinance Amending the Zoning Code (Hubbard -Lamphere : MOVED by Teresi seconded by Bies carried to give a second reading to an ordinance entitled "AN ORDINANCE AMENDING THE ZONING CODE" (Hubbard -Lamphere) MOVED by Teresi seconded by Bies carried to approve the ordinance herein quoted by title on its second reading and to order publication thereof. See OrdinancO Book page 'L (L. 1 Regular Meeting of the Village Council, October 1, 1957 -210- Ordinance 17, Misc MOVED by Flannagan seconded by Bies carried to give a second reading to an ordinance entitled: "AN ORDINANCE AMENDING THE VILLAGE CODE" (Rezoning Miscellaneous Parcels to Institutional Use) MOVED by Flannagan seconded by Bies to approve the ordinance herein quoted by title on its second reading and to order publication thereof. See Ord- inance Book Page,;,_-) Z . Cancellation of Assessments due the Village, Funds 11 and 12: The Administrator reported that cash on hand from collection of moneys due the Village from Funds 11 and 12 as of September 30, 1957, was in the amount of $8,352.00; and also that the Village could expect an estimated collection from said funds in December of 1957 of approximately $1,000.00. MOVED by Stark seconded by Bies carried to instruct the Village Attorney to prepare a resolution cancelling the remaining assessments in Special Assess- ment Funds 11 and 12 and authorizing that moneys in said funds be trans- ferred to the General Fund. 1957 Budget and 1956 Audit.- No udit:No action was taken. Metropolitan Planning Commission: The Administrator reported that the Metropolitan Planning Commission has begun to function in the metropolitan area in an effort to promote coord- ination and cooperation in solving planning problems. Resignation of Mr. Arthur Flanna an from Planning Commission: MOVED by Teresi seconded by Bies carried to accept the resignation of Mr. Arthur Flannagan from the Planning Commission of the Village of Golden Valley. Appointment of Member to the Planning Commission: The Council instructed that the Planning Commission recommend possible appointees to fill the unexpired term of Mr. Arthur Flannagan. Member Stark submitted the name of Mr. Del Grauman for consideration. Mayorts Advisory Committee: Mr. Paul Enghauser, Chairman of the Mayor's Advisory Committee, reported. that the committee's work was moving along at a rapid pace and that the Committee would be in a position to make recommendations in a short time. -211- Regular Meeting of the Village Council, October 1, 1957 Award of Bid: St. Croix -Douglas Drive -Honeywell Storm Sewer: The Village Engineer recommended that the bid of the Phelps -Drake Company in the amount of $26,889.50, be accepted. Member Bies introduced the following resolution and MOVED its adoption: "RESOLUTION AWARDING CONTRACT FOR A CERTAIN PUBLIC IMPROVEMENT" (Fund 57 SS -2 Douglas Drive -St. Croix -Honeywell Drainage) The motion for the foregoing resolution was duly seconded by Member Stark and upon vote being taken thereon, the following voted in favor thereof: Bies, Flannagan, Nadasdy, Stark, and Teresi; and the following voted against the same.- None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor., and his signature attested by the Clerk. See Resolutions Book page Contribution to Funds of the Public EMlo�*ees Retirement Association: MOVED by Teresi seconded by Stark carried to approve payment of the con- tributory share of the Village of Golden Valley to the Public Employees Retirement Association in the amount of $6,668.81. Report of Engineer: Drainage Problem, Janalyn Circle: The Village Engineer reported that a surface water drainage problem existed on Janalyn Circle and presented a petition signed by property owners on said street requesting that the Village undertake a storm drainage improvement. The Village Engineer stated that acquiring one lot on the street into which surface waters could flow would solve the problem satisfactorily. MOVED by Teresi seconded by Bies carried to authorize the proper Village officials to negotiate with Mr. Ralph Beal for the purchase of his lot. Re ort of Engineer: Drainage Problem, Roanoke Road: MOVED by Teresi seconded by Bies carried to authorize an expenditure not to exceed $700.00 in order to improve the drainage situation on Roanoke f Road, said costs to be charged to the sinking fund of LF -57-1, (eta) and further, that said drainage improvement be considered a part of the street replacement of said project. Bills: MOVED by Bies seconded by Stark carried to approve the bills as submitted on the prelist. MOVED by Stark seconded by Bies carried tht the eeting,adjouj,�. Mayor 1 1